Constitutional courts limit the acceptance of benefits and participation in events that may cast doubt on the impartiality of judges. The countries are a reference for the creation of a code of ethics for ministers of the (Supreme Federal Court).
The proposal for a code of conduct was once again the subject of debate after it was revealed that the minister, in Peru, was flying in a private jet with Augusto Arruda Botelho, a lawyer involved in the case.
Two days later, a report was published according to which the financial institution contracted for R$3.6 million per month for 36 months. The agreement would be to represent the Master wherever necessary —.
President of the STF, defends establishing a code of ethics for ministers, but the idea, as shown by the Sheetfaces in court even before it is formalized. The fear is of a discussion at a time when it is analyzed.
According to experts interviewed by the report, the main parameters for a possible code to be implemented in Brazil would be the texts adopted by the courts of Germany and the United States, both due to the proximity of the systems in relation to the Brazilian one and the particularities of each of them.
In the European country, there is not only a culture of impartiality, but also the appearance of impartiality. The code of ethics says that judges must not act in a way that compromises the court’s reputation and cannot give an opinion on constitutional issues or make predictions about the outcome of trials.
The text also establishes that all remuneration for classes or events must be publicized. Magistrates can only accept money, however, if participation does not compromise the court’s reputation or cast doubt on the court’s independence, impartiality, neutrality and integrity.
on the other hand, emerged in 2023 in response to pressure from society after the publication of reports throughout that year that revealed gifts and trips paid for by influential conservative names to members of the institution.
The text emphasizes, for example, that judges should not let family, social, political and financial relationships influence the judgment. It also restricts the acceptance of gifts and talks about avoiding the perception that third parties are in a privileged position that allows them to influence justice.
Professor Álvaro Jorge, from FGV Direito Rio, says that, unlike the Executive and Legislative branches, which go through the electoral process and the voting process from time to time, the Judiciary derives its legitimacy from the technical quality of decisions and society’s perception of this Power.
“The more the Judiciary becomes stronger, present in people’s lives, the more there is a need to see the court not as a political-electoral agent”, he states. “Strengthen[-se] the need for this Power to control itself, precisely to avoid this loss of institutional legitimacy”.
The president of -SP (Brazilian Bar Association of São Paulo), Leonardo Sica, considers this to be an opportunity. “The best way for ministers to show that there is no reason to distrust the Supreme Court is for the court to show that it has internal control mechanisms.”
This year, the entity established a commission to study judicial reform. The group met two weeks ago to debate the code of ethics for the Supreme Court and intends to present a proposal to Minister Fachin next year. The exact models of the German and American Supreme Courts were discussed.
Juliana Cesário Alvim, from UFMG (Federal University of Minas Gerais), remembers that Brazil has restrictions set out in Loman (Organic Law of the Judiciary) and in regulations of the (National Council of Justice), but these rules are not applied to the Supreme Court, due to the court’s own understanding.
The teacher defends the creation of a code, but highlights the importance of designing the rules. In Brazil, where there is a lack of a more consolidated institutional culture, she says, a code focused on principles may not be enough. “All of these elements make a difference in terms of the outcome.”
“This is a reason, not to be against it, but to be aware of what this code of ethics is, how it will be designed, how it will be managed. And, keeping this concern in mind: we do not want a code of ethics that allows abuse, interference. That is what we are trying to avoid”, she adds.
